Denison Daily News
Denison, Texas
Friday, January 17, 1879
pg 4

Policeman Hall arrested a party Wednesday night while in the act of boarding the north bound train near the compress, on suspicion of being the party who stabbed Mr. Brenner. He took him up town, but discovering that he was not the party suspected, released him.

Stabbed by a Drunken Intruder.

Wednesday night about twelve o'clock Mr. Joseph Brenner, proprietor of a saloon on Main street, prepared to close his house for the night, and politely requested a man who was seated near the stove to leave the premises. To this objection was made, and Mr. Brenner, finding all entreaties and expostulations in vain, at last lost his patience and tried to eject the man from the house by force. When near the door the man drew a knife and stabbed Mr. Brenner in the abdomen, about
one and a half inches below the umbilicus. The knife penetrated about one and a quarter inches and it is feared some of the intestines have been cut. Drs. White and Hanna were promptly called and rendered the necessary assistance. Thursday morning a reporter of the News visited Mr. Brenner, and at that time the gentleman was suffering considerable pain. The extent of the injury cannot yet be fully ascertained, but we hope no serious results will follow.
The would-be assassin made his escape, but, being known to several of our citizens, he was tracked Thursday morning to a bakery on Main street, which he had entered unbeknown to the owners of the same, for the purpose of secreting himself. The arrest was made by Officer Wright. Only a pocket knife was found on his person. The name of the prisoner is Julius Tuttle, a Frenchman, born in Lorraine, now a province annexed to Germany. He is of good appearance, and probably 23
years of age; has been a soldier in the 4th U.S. Cavalry, and stationed at Fort Sill. Being wounded twice in fights with Indians, once by an arrow through the arm and another time by a gunshot through the wrist, he was discharged from the service with a pension of sixteen dollars per month. He has been in the city about six weeks and was arrested and confined in jail ten days on the charge of being drunk and disorderly.
In an interview our reporter had with the prisoner in the calaboose, he strenuously denied having stabbed Mr. Brenner and asserted that he had nothing else on his person but a pocket knife. He states that he was very drunk Wednesday and does not remember whether he was at Brenner's saloon or not, in fact he has no recollection whatever of where he had been or what he had done. The crime, however, was witnessed by several persons, who are certain that Tuttle is the guilty party.
Mr. Brenner has been a resident of this city for a number of years, and has deported himself in such a manner as to gain the esteem and good will of his fellow citizens. He has a large circle of friends who earnestly hope that the injury received will not prove serious.



Denison Daily News
Denison, Texas
Saturday January 18, 1879
pg 4

A reporter of the News visited the Planters House yesterday morning and found Mr. Joe Brenner resting easy.
It is believed that Mr. Brenner's case is not so bad as was at first supposed, and that with good nursing he will soon recover from his injuries.

Policeman Tom Wright left for Sherman yesterday with Julius Tuttle, the party who stabbed Mr. Joe Brenner.  Tuttle has been placed in the county jail for safe keeping.



The Galveston Daily News
Galveston, Texas
Sunday, January 19, 1879

SHERMAN

A man named Tuttle was incarcerated in our jail last night, charged with severely cutting a saloon-keeper in Denison, named Brenner, who tried to put Tuttle out of his saloon. Brenner's physicians say he will die.



Denison Daily News
Tuesday, January 21, 1879
pg. 4

Constable Nelms and police man Tom Wright, left the city on Monday morning's train for Sherman, to bring the murderer of  Mr. J.A. Brenner, Julius Toettel, to this city for his preliminary examination before Judge Riddle.  They arrived with their prisoner on the 11 o'clock train, and at  2 o'clock p.m. he was brought into court.  The court room was crowded to suffocation with parties eager to listen to the testimony.  The crowd, however was disappointed, as the attorney for the defense, Briggs
Goodrich, Esq., waived the preliminary examination.   Toettel was remanded to prison to await the action of the Grand Jury, and an order issued by Judge Riddle commanding Constable Nelms to take the prisoner to Sherman jail on the train leaving Denison Monday afternoon.



Denison Daily News
Wednesday, January 22, 1879
pg. 4

Julius Toettel was safely landed in the county jail Monday evening, where he will remain until tried by the district court.  Some thoughtless, irresponsible parties, had started the report Monday afternoon that it was intended to lynch the prisoner.  Constable Nelms consequently gave out that the prisoner would not be taken to Sherman until Tuesday morning, but about 3 p.m. Monday got a conveyance, drove quietly up to the rear of the jail, placed the prisoner in the conveyance, and, accompanied by Policeman Wright, drove to Sherman at a rapid gait. While we are convinced that the rumor was entirely groundless, and satisfied that any attempt at lynching while the prisoner was in this city would have met with the most  determined opposition from our citizens, who are law-abiding and do not wish t he fair name of our city blotted by any
lawless proceeding, yet we think the course pursued by Constable Nelms very commendable.

We understand that a movement is on foot to present officer Tom Wright with a purse for effecting the arrest of Toettel, the man who killed Joseph Brenner.



Denison Daily News
Saturday, January 25, 1879
pg. 4

Toettel, the man charged with the murder of Brenner, at Denison, maintains a stoical indifference.  He is getting ready to go crazy. - - - Register
It is hoped that the insanity dodge is about played out, and that Toettel will get his just deserts.



Denison Daily News
Denison, Texas
Thursday, March 20, 1879
pg 4

The grand jury have found a true bill against Julius Tuttle for the murder of Joseph Brenner.



Denison Daily News
Thursday, April 17, 1879
pg. 4

The case of Toettel, who murdered Joseph Brenner, came up for trail in the district court at Sherman yesterday.  The case excited a good deal of interest.  Great trouble was experienced in getting a jury.  However, the jury has been impaneled and the trial is set for to-day.  A number of witnesses are present from Denison.

Sheriff Everheart and Marshall Sam Ball, of Sherman, came over from the county seat last night in charge of the witnesses in the Brenner murder case.



The Galveston Daily News
Galveston, Texas
Sunday, June 15, 1879
pg 1

Decisions in Court of Appeals
Austin, June 14 - Cases decided in the court of appeals Jun 14, 1879
Tuttle vs State - Appeal from Grayson, Affirmed.



The Daily News
Tuesday, November 4, 1879
pg. 4

TO HANG
Sheriff Everheart has received a letter from Gov. Roberts declining to pardon Toettel, who murdered Joe Brenner. Toettel will be hung on the 13th inst.


Denison Daily News
Denison, Texas
Friday, November 14, 1879
pg 4

THE SCAFFOLD
THE MURDERER OF JOE BRENNER EXPIATES HIS CRIME
THE DOOMED MAN FACES DEATH WITHOUT FLINCHING
A BRIEF STATEMENT OF THE CIRCUMSTANCES OF THE MURDER.

The stabbing of Julius Brenner from which death ensued, was committed in this city Wednesday, January 15th, near midnight. From the testimony elicited at the trial, it appears that Toettel, at about 11 o'clock, came into Mr. Brenner's saloon and the two parties engaged in a conversation. What the subject of the conversation was and what produced the subsequent quarrel, will forever remain unknown, as the conversation was carried on in the German language, a language with which these present were not acquainted. Brenner became angry at some remark made by Toettel and ordered him to leave the premises and not to come into his saloon any more. After some words, Toettel left, saying, "I will get even with you for this." He at once repaired to the residence of Mr. Schmidt, a German, at whose house he had been boarding for some time, and
commenced sharpening his knife, a blade about six inches long. When asked by his landlord why he was sharpening his knife, he replied" "I want to cut somebody's guts," but refused to state who that party was. After sharpening the same he returned to Brenner's saloon; Brenner again ordered him out, but Toettel refused to go; Brenner resorted to physical force, but in the scuffle which ensued was struck by Toettel. Brenner called for help and Mr. Cook, the only party present in the saloon at the time, separated them. Brenner again advanced upon Toettel, who then struck Brenner an underhanded lick in the stomach. Cook then took hold of Toettel and pushed him onto the sidewalk. Toettel then left. Cook returned to the saloon, and Brenner told him that Toettel had cut him. He was taken to his room and Dr. White was called. A wound about six inches deep and the breadth of one inch, was found in the abdomen. The next day Brenner was taken to the Planter's hotel, where he died the following Saturday at about 5 p.m.
Toettel, went back to his boarding house, but was refused admittance by his landlord. He then boarded an outgoing train on the M.,K. & T., but was taken off by a police officer at the compress and brought back to town. By a mistake however, he was released, somebody asserting that he was not the party.
The following morning he returned to his boarding house and asked Mr. Schmidt to procure him a hat, he having lost his hat during the affray, stating at the time, that he had cut a fat, cross-eyed man, whose name he did not know. Schmidt promised to procure him a hat and left the house in search of an officer. On Schmidt's return accompanied by police officer Wright, Toettel had left, but was soon discovered in an out-house and taken to jail. He claimed to have been very drunk at the time; he had in fact been on a protracted spree, and did not remember anything that happened during that night. He was taken to the Sherman jail for safe keeping, some parties having started the report that lynching was intended. On the following Monday he was brought back to this city for a preliminary examination, which however was waived by the prisoner, who was then taken back to the Sherman jail.
At the next term of the district court Toettel was arraigned and tried. He was defended by Briggs Goodrich, of Sherman, and the State was represented by the county attorney, Capt. Turner, assisted by Capt. J. D. Woods.
The jury returned a verdict of murder in the first degree, and Judge Bledsoe thereupon sentenced him to be hung Thursday, November 13th. A motion for a new trial was overruled, and the case was taken to the court of appeals which court confirmed the sentence. Petitions signed by influential citizens of Sherman and Denison were sent to the governor, asking that the sentence be commuted to imprisonment for life, but the governor refused to interfere. Mrs. Dr. Eagan and Mrs. Cummins, both of Sherman, personally appealed to the governor, but even their entreaties proved unavailing and the sentence consequently had to be carried out.

THE EXECUTION
Julius Toettel, for the murder of Jos. A. Brenner, expiated his crime on the gallows in the Sherman jail yard Thursday afternoon between the hours of two and three o'clock. Through the courtesy of Sheriff Everheart the reporter of the News was provided with a pass and was an eye witness of the execution.
As early as Wednesday people commenced to arrive in the city. Thursday morning when the reporter of the News visited
the jail, no less than three hundred people - men, women and children - had congregated on the streets. During the day,
until the moment of the execution, the crowd augmented, and it is estimated that at least three thousand spectators saw the unfortunate Toettel pay the penalty of his crime.
There were all kinds of rumors afloat, and almost to the last moment many believed that the governor would interpose and stay the execution. Sheriff Everheart was reticent, and turned a deaf ear to all interrogations as to the hour of the hanging. The gallows was a common wooden structure, built of undressed lumber. It was erected in the yard facing east and adjoining the jail, being plainly visible from the streets. Toettel was confined in a cell on the first floor of the jail. It was a gloomy, forbidding looking place, without even a ray of light to illume its dark recesses.
The doomed man's spiritual advisers, Father Blum, and two Sisters of  Charity, remained with him in the cell until the iron doors were opened and he was led forth to execution.
About half past 1 o'clock C. D. Messler and two other parties arrived at the jail, carrying with them a rope and the black cap
to be placed over the prisoner's head. The rope was adjusted to the beam and securely fastened, with the hangman's knot dangling in the air. Shortly afterwards Sheriff Everheart arrived, and going to the iron grating of the cell in which Toettel was confined, told him in a kind manner to prepare for death. Toettel answered in a firm voice, "I am ready to go."
A sad farewell, in which the prisoner mingled his tears with those of the Sisters, he stepped into the corridor. On the threshold of his cell he paused, and gave such a despairing look that even the stoutest heart was moved with emotion and pity. His face was ghastly, and his eyes which are small, sparkled as he fixed them intently on the surrounding scene.
Toettel was dressed in a black suit which had been presented the day previous by some sympathizing friends. His feet were encased in a neat pair of slippers. He was supported on the way to the scaffold by Father Blum and Sheriff Everheart. When he first caught sight of the gallows he paused for a second and looked up to the sky.
Dark clouds had covered the face of the heavens almost to the moment of the execution, but as Toettel commenced to ascend the steps of the gallows, the clouds in the south parted, and for the first time during the day the rays of the sun lit up the surrounding gloom, and the blue sky was visible almost directly over the fatal trap. We are not prone to superstition, but the blue sky and the sunlight seemed a good omen for Toettel.
On the gallows Toettel was calm and dignified, and conducted himself in a manner to win the sympathy of all. Toettel had a respectful audience. There were no jeers; no boisterous conduct; every one seemed to feel the deep solemnity of the scene.
Father Blum read a passage from the Bible and then engaged in prayer with the condemned, who kneeled on the gallows,
his face turned heavenward. After the services were over, which lasted quite ten minutes, the priest embraced Toettel and left the gallows. Sheriff Everheart then stepped forward and read the sentence of the law. During the reading Toettel gazed fixedly at the fatal noose which was swaying to and fro, and for the last time his face wore that despairing expression which will never be forgotten by the writer.
Toettel turned and spoke several words to the sheriff, but in a voice so low that no one heard him. We have since learned that he told the sheriff that Grayson county was not doing him justice, and that he was not bad at heart. Bidding the sheriff and his attendants a good bye, he turned in the direction of the multitude on the streets and slightly inclined his head as if bowing.
The noose was then lowered and adjusted around the prisoner's neck.  With a firm step he took a position on the fatal trap,
the black cap was drawn down over his head and at the same moment, Everheart, with an uplifted hatchet, cut the rope and Julius Toettel was launched into eternity. A few convulsive motions of the body, and all was over. Toettel hung by the neck eleven minutes before the physicians pronounced life extinct. He was cut down and placed in a plain, unpainted pine coffin. He died of strangulation, the neck not being broken in the fall. The face was pallid, but without the least trace of suffering.
After the execution the vast assemblage quietly dispersed, and in a few minutes one would hardly believe, by going abroad on the streets, that a human being had just been strangled to death to satisfy what we shall always consider a relic of barbarism.



Denison Daily News
Thursday, March 4, 1880
pg. 4

The scaffold on which Julius Toettel expiated his crime in the jail yard at Sherman, has at last been taken down.  It has long been an eyesore to the people of Sherman.